-- Diluted EPS up 8.3% to $0.39 from $0.36
-- Operating income up 3.8% to $87.1 million from $83.9 million
-- EBITDA increased 4.7% to $114.3 million from $109.2 million
-- Adjusted Funds From Operations Per Diluted Share up 3.6% to $0.57 from
$0.55
For the fourth quarter of 2010, CCA generated net income of $43.7 million,
or $0.39 per diluted share, compared with net income of $42.5 million, or
$0.36 per diluted share, for the fourth quarter of 2009.
Total management revenue for the fourth quarter of 2010 increased 3.6% to
$430.8 million from $415.8 million during the prior year period, primarily
driven by a 4.3% increase in average daily inmate populations. Management
revenue from our federal partners increased 6.6% to $181.8 million
generated during the fourth quarter of 2010 compared with $170.7 million
generated during the fourth quarter of 2009. The increase in federal
revenue primarily resulted from commencement of a new contract with the
U.S. Marshals Service (USMS) at our Nevada Southern Detention Center, as
well as an increase in USMS populations at facilities generally located in
the southwestern region of the country. These increases were partially
offset by the September 30, 2010, expiration of the contract with the
Federal Bureau of Prisons (BOP) at our California City Correctional Center.
Management revenue from our state partners increased 2.4% to $220.7 million
during the fourth quarter of 2010 compared with $215.4 million during the
same period in 2009. State revenue increased primarily as a result of
higher inmate populations predominantly from the states of California,
Georgia and Florida. The increases in populations were partially offset by
reductions in inmate populations from the states of Arizona, Alaska,
Colorado and Minnesota.
EBITDA for the fourth quarter of 2010 increased 4.7% to $114.3 million from
$109.2 million during the fourth quarter of 2009. The increase in EBITDA
is primarily due to the overall increase in inmate populations. Funds From
Operations decreased slightly to $81.6 million during the fourth quarter of
2010 from $82.0 million in the prior year quarter. Adjusted Funds From
Operations, which includes maintenance and technology capital expenditures,
for the fourth quarter of 2010 decreased to $62.9 million compared with
$64.0 million during the prior year period. Adjusted Funds From Operations
per diluted share increased to $0.57 during the fourth quarter of 2010 from
$0.55 per diluted share in the prior year quarter. Funds From Operations
and Adjusted Funds From Operations both decreased due to an increase in
income taxes paid over the prior year period primarily as a result of lower
tax credits.
Our per share results were favorably impacted by the purchase of 7.1
million shares of our outstanding stock during 2010, at an aggregate cost
of $145.7 million, pursuant to a share repurchase program approved by our
Board of Directors in February 2010. These shares were repurchased with
cash on hand, cash provided by operations and borrowings from our revolving
credit facility.
Our total average daily compensated population increased 4.3% to 80,777 in
the fourth quarter of 2010 from 77,426 in the fourth quarter of 2009. Our
total portfolio occupancy decreased to 89.7% during the fourth quarter of
2010 from 91.7% during the fourth quarter of 2009. The decline in
occupancy is due to a 6.6% increase in our average number of available beds
to 90,037 during the fourth quarter of 2010 from 84,457 during the prior
year quarter. The increase in average available beds was due to the
completion of our Nevada Southern Detention Center in September 2010, which
began receiving detainees in October 2010, and the completed expansions of
our Coffee and Wheeler facilities located in Georgia in May 2010 combined
with commencement of new managed only contracts at two facilities in
Florida.
Commenting on the fourth quarter financial results, Chief Executive
Officer, Damon Hininger, stated, "We are pleased with our fourth quarter
financial results, as we generated meaningful year-over-year earnings per
share growth, and continued to improve operating margins in the
managed-only and owned and managed segments of our business. Additionally
we are pleased our populations have remained strong, in excess of the
80,000 inmate milestone we surpassed late in 2010."
Full-Year 2010 Compared with Full-Year 2009
-- Diluted EPS up 5.3% to $1.39 from $1.32
-- Adjusted Diluted EPS increased 10.2% to $1.41 from $1.28
-- Adjusted Funds From Operations Per Diluted Share up 16.2% to $2.37 from
$2.04
-- Adjusted EBITDA up 4.8% to $427.1 million from $407.4 million
For the twelve months ended December 31, 2010, CCA generated net income of
$157.2 million, or $1.39 per diluted share, compared with net income of
$155.0 million, or $1.32 per diluted share, for the twelve months ended
December 31, 2009.
Adjusted net income during 2010 increased to $158.9 million, or $1.41 per
diluted share, compared with $150.4 million, or $1.28 per diluted share,
during 2009. Adjusted net income for 2010 excludes a non-cash charge of
$1.7 million for the write-off of goodwill associated with the termination
of the management contracts for the Gadsden and Hernando facilities located
in Florida. Adjusted net income for 2009 excludes the reversal of reserves
for uncertain tax positions and other income tax credits as well as
expenses associated with debt refinancing transactions.
Operating income increased to $323.1 million during 2010 from $307.4
million during the prior year, an increase of 5.1%. The improvement in our
financial results for 2010 resulted from a 3.2% increase in our average
daily inmate populations, to 78,319 for 2010 from 75,911 during 2009,
combined with the implementation of cost savings strategies resulting from
a company-wide initiative to improve operating efficiencies. Operating
expenses during 2010 included $4.1 million of bonuses paid to
non-management level staff in-lieu of wage increases. General and
administrative expenses for 2009 included $4.2 million of consulting fees
associated with the company-wide initiative to improve operating
efficiencies.
In addition to our operational improvements, per share results for 2010
were favorably impacted by the aforementioned share repurchase program.
Adjusted net income, EBITDA, Funds From Operations, Adjusted Funds From
Operations, and their corresponding per share amounts, are measures
calculated and presented on the basis of methodologies other than in
accordance with generally accepted accounting principles (GAAP). Please
refer to the Supplemental Financial Information and related note following
the financial statements herein for further discussion and reconciliations
of these measures to GAAP measures.
Operations Highlights
For the quarters ended December 31, 2010 and 2009, key operating statistics
for the continuing operations (i.e. excluding discontinued operations) of
CCA were as follows:
Quarter Ended
December 31,
Metric 2010 2009 % Change
--------- --------- ---------
Average Available Beds 90,037 84,457 6.6%
Average Compensated Occupancy 89.7% 91.7% -2.2%
Total Compensated Man-Days 7,431,466 7,123,206 4.3%
Average Daily Compensated Population 80,777 77,426 4.3%
Revenue per Compensated Man-Day $ 57.97 $ 58.37 -0.7%
Operating Expense per Compensated Man-Day:
Fixed 29.81 30.09 -0.9%
Variable 9.41 9.75 -3.5%
--------- ---------
Total 39.22 39.84 -1.6%
--------- ---------
Operating Margin per Compensated Man-Day $ 18.75 $ 18.53 1.2%
========= =========
Operating Margin 32.3% 31.7% 1.9%
Revenue per compensated man-day in the fourth quarter of 2010 decreased
0.7% to $57.97 from $58.37 in the fourth quarter of 2009. However,
operating expenses per compensated man-day decreased 1.6% to $39.22 from
$39.84. A change in the mix of inmate populations and a change in mission
at our T. Don Hutto facility from housing families to female detainees at
the end of 2009 contributed to reductions in both revenue and expenses per
compensated man-day.
As of February 1, 2011, we had approximately 11,600 unoccupied beds at
facilities that had availability of 100 or more beds, and an additional
1,124 beds under development. This inventory of beds available is reduced
to approximately 9,200 beds after taking into consideration the beds
committed pursuant to management contracts and an Intent to Award from the
state of California.
Partnership Development Update
In November 2010, we announced that the California Department of
Corrections and Rehabilitation (CDCR) renewed its contract with us to
manage up to 9,588 California inmates and also notified us of its Intent to
Award an additional contract to manage up to 3,256 offenders (the Intent to
Award). In January 2011, newly elected California Governor Jerry Brown
proposed a state budget which calls for a significant reallocation of
responsibilities between the state government and local jurisdictions,
including transferring some number of inmates from state custody to the
custody of cities and counties. At this point in time it is too early to
reasonably assess the opportunities or challenges that could develop as a
result of this proposal. As it relates to the Intent to Award for the
additional beds with the state of California, we do not believe we will
execute a final agreement until the state finalizes its fiscal year 2012
budget.
Liquidity Update
In February 2010, we announced a stock repurchase program to repurchase up
to $250.0 million of our common stock through June 30, 2011. Through
January 31, 2011, we have purchased 7.6 million shares at a total cost of
$156.3 million. As of January 31, 2011, we had 109.3 million shares
outstanding.
At December 31, 2010, our liquidity was provided by cash on hand of $25.5
million and $228.2 million available under our credit facility. We
believe we have the ability to fund our capital expenditure requirements,
stock repurchase program, working capital and debt service requirements
with cash on hand, net cash provided by operations, and borrowings
available under our revolving credit facility. None of our outstanding
debt requires scheduled principal repayments, and we have no debt
maturities until December 2012.
In November 2010 we disclosed that at September 30, 2010, we had accounts
receivable outstanding from the state of California totaling $95.9 million,
including past due amounts caused by delays in the passage of the state
budget for fiscal year 2011. As of January 31, 2011, California had repaid
all past due amounts.
Guidance
We expect EPS for the first quarter of 2011 to be in the range of $0.32 to
$0.33 and full year 2011 EPS to be in the range of $1.37 to $1.45, with
full year Adjusted Funds From Operations Per Diluted Share to be in the
range of $2.27 to $2.41.
Although the economy has begun to show signs of improvement, our state
partners continue to struggle with their challenging budget situations,
which tend to lag the overall economy. Our earnings guidance incorporates
our best estimate of the range of potential outcomes related to budget
uncertainties and other variables, including the risk of population
declines from our partners, and the potential for additional pricing
pressure.
We believe the long-term growth opportunities of our business remain
attractive as our partners seek cost effective corrections solutions and as
insufficient bed development by our partners should result in a return to
the supply and demand imbalance that has benefitted the partnership
corrections industry.
During 2011, we expect to invest approximately $113.0 million to $128.0
million in capital expenditures, consisting of approximately $63.0 million
to $73.0 million in on-going prison construction and expenditures related
to potential land acquisitions and $50.0 million to $55.0 million in
maintenance and information technology. We also expect an effective income
tax rate of approximately 38.0%, with payments for income taxes expected to
approximate $64.8 million to $68.6 million for the full year.
Supplemental Financial Information and Investor Presentations
We have made available on our website supplemental financial information
and other data for the fourth quarter of 2010. We do not undertake any
obligation, and disclaim any duty to update any of the information
disclosed in this report. Interested parties may access this information
through our website at www.cca.com under "Financial Information" of the
Investors section.
Management may meet with investors from time to time during the first
quarter of 2011. Written materials used in the investor presentations will
also be available on our website beginning on or about February 21, 2011.
Interested parties may access this information through our website at
www.cca.com under "Webcasts" of the Investors section.
Webcast and Replay Information
We will host a webcast conference call at 10:00 a.m. central time (11:00
a.m. eastern time) on February 10, 2011, to discuss our fourth quarter 2010
financial results. To listen to this discussion, please access "Webcasts"
on the Investors page at www.cca.com. The conference call will be archived
on our website following the completion of the call. In addition, a
telephonic replay will be available at 6:00 p.m. eastern time on February
10, 2011 through 11:59 p.m. eastern time on February 17, 2011, by dialing
(888) 203-1112 or (719) 457-0820, pass code 8745066.
About CCA
CCA is the nation's largest owner and operator of partnership correction
and detention facilities and one of the largest prison operators in the
United States, behind only the federal government and three states. We
currently operate 66 facilities, including 45 company-owned facilities,
with a total design capacity of approximately 90,000 beds in 19 states and
the District of Columbia. We specialize in owning, operating and managing
prisons and other correctional facilities and providing inmate residential
and prisoner transportation services for governmental agencies. In
addition to providing the fundamental residential services relating to
inmates, our facilities offer a variety of rehabilitation and educational
programs, including basic education, religious services, life skills and
employment training and substance abuse treatment. These services are
intended to reduce recidivism and to prepare inmates for their successful
re-entry into society upon their release. We also provide health care
(including medical, dental and psychiatric services), food services and
work and recreational programs.
Forward-Looking Statements
This press release contains statements as to our beliefs and expectations
of the outcome of future events that are forward-looking statements as
defined within the meaning of the Private Securities Litigation Reform Act
of 1995. These forward-looking statements are subject to risks and
uncertainties that could cause actual results to differ materially from the
statements made. These include, but are not limited to, the risks and
uncertainties associated with: (i) general economic and market conditions,
including the impact governmental budgets can have on our per diem rates,
occupancy and overall utilization; (ii) fluctuations in our operating
results because of, among other things, changes in occupancy levels,
competition, increases in cost of operations, fluctuations in interest
rates and risks of operations; (iii) our ability to obtain and maintain
correctional facility management contracts, including as a result of
sufficient governmental appropriations and as a result of inmate
disturbances; (iv) changes in the privatization of the corrections and
detention industry, the public acceptance of our services, the timing of
the opening of and demand for new prison facilities and the commencement of
new management contracts; (v) judicial challenges and the outcome of budget
proposals regarding the transfer of California inmates to out of state
private correctional facilities; and (vi) increases in costs to construct
or expand correctional facilities that exceed original estimates, or the
inability to complete such projects on schedule as a result of various
factors, many of which are beyond our control, such as weather, labor
conditions and material shortages, resulting in increased construction
costs. Other factors that could cause operating and financial results to
differ are described in the filings made from time to time by us with the
Securities and Exchange Commission.
CCA takes no responsibility for updating the information contained in this
press release following the date hereof to reflect events or circumstances
occurring after the date hereof or the occurrence of unanticipated events
or for any changes or modifications made to this press release.
CORRECTIONS CORPORATION OF AMERICA AND SUBSIDIARIES
CONDENSED CONSOLIDATED BALANCE SHEETS
(UNAUDITED AND AMOUNTS IN THOUSANDS, EXCEPT PER SHARE AMOUNTS)
December 31,
ASSETS 2010 2009
------------ -----------
Cash and cash equivalents $ 25,505 $ 45,815
Accounts receivable, net of allowance of $1,568
and $1,500, respectively 305,305 235,139
Deferred tax assets 14,132 11,842
Prepaid expenses and other current assets 31,196 26,056
Current assets of discontinued operations 2,155 6,403
------------ -----------
Total current assets 378,293 325,255
Property and equipment, net 2,549,295 2,517,948
Restricted cash 6,756 6,747
Investment in direct financing lease 10,798 12,185
Goodwill 11,988 11,988
Other assets 26,092 27,324
Non-current assets of discontinued operations 6 4,296
------------ -----------
Total assets $ 2,983,228 $ 2,905,743
============ ===========
LIABILITIES AND STOCKHOLDERS' EQUITY
Accounts payable and accrued expenses $ 203,796 $ 190,777
Income taxes payable 476 481
Current liabilities of discontinued operations 1,583 3,325
------------ -----------
Total current liabilities 205,855 194,583
Long-term debt 1,156,568 1,149,099
Deferred tax liabilities 118,245 88,260
Other liabilities 31,689 31,255
------------ -----------
Total liabilities 1,512,357 1,463,197
------------ -----------
Commitments and contingencies
Common stock - $0.01 par value; 300,000 shares
authorized; 109,754 and 115,962 shares issued
and outstanding at December 31, 2010 and 2009,
respectively 1,098 1,160
Additional paid-in capital 1,354,691 1,483,497
Retained earnings (deficit) 115,082 (42,111)
------------ -----------
Total stockholders' equity 1,470,871 1,442,546
------------ -----------
Total liabilities and stockholders' equity $ 2,983,228 $ 2,905,743
============ ===========
CORRECTIONS CORPORATION OF AMERICA AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
(UNAUDITED AND AMOUNTS IN THOUSANDS, EXCEPT PER SHARE AMOUNTS)
For the Three Months For the Twelve Months
Ended December 31, Ended December 31,
---------------------- ----------------------
2010 2009 2010 2009
---------- ---------- ---------- ----------
REVENUE:
Management and other $ 431,650 $ 416,805 $1,672,474 $1,626,728
Rental 550 681 2,557 2,165
---------- ---------- ---------- ----------
432,200 417,486 1,675,031 1,628,893
---------- ---------- ---------- ----------
EXPENSES:
Operating 295,711 286,654 1,163,771 1,135,055
General and
administrative 22,061 21,522 84,148 86,537
Depreciation and
amortization 27,336 25,442 104,051 99,939
---------- ---------- ---------- ----------
345,108 333,618 1,351,970 1,321,531
---------- ---------- ---------- ----------
OPERATING INCOME 87,092 83,868 323,061 307,362
---------- ---------- ---------- ----------
OTHER EXPENSES (INCOME):
Interest expense, net 18,628 17,845 71,127 72,780
Expenses associated with
debt refinancing
transactions - - - 3,838
Other (income) expenses 115 91 40 (139)
---------- ---------- ---------- ----------
18,743 17,936 71,167 76,479
---------- ---------- ---------- ----------
INCOME FROM CONTINUING
OPERATIONS BEFORE
INCOME TAXES 68,349 65,932 251,894 230,883
Income tax expense (24,644) (24,002) (94,297) (79,541)
---------- ---------- ---------- ----------
INCOME FROM CONTINUING
OPERATIONS 43,705 41,930 157,597 151,342
Income (loss) from
discontinued operations,
net of taxes - 561 (404) 3,612
---------- ---------- ---------- ----------
NET INCOME $ 43,705 $ 42,491 $ 157,193 $ 154,954
---------- ---------- ---------- ----------
BASIC EARNINGS PER SHARE:
Income from continuing
operations $ 0.40 $ 0.36 $ 1.41 $ 1.30
Income (loss) from
discontinued operations,
net of taxes - 0.01 (0.01) 0.03
---------- ---------- ---------- ----------
Net income $ 0.40 $ 0.37 $ 1.40 $ 1.33
---------- ---------- ---------- ----------
DILUTED EARNINGS PER SHARE:
Income from continuing
operations $ 0.39 $ 0.36 $ 1.39 $ 1.29
Income (loss) from
discontinued operations,
net of taxes - - - 0.03
---------- ---------- ---------- ----------
Net income $ 0.39 $ 0.36 $ 1.39 $ 1.32
========== ========== ========== ==========
CORRECTIONS CORPORATION OF AMERICA AND SUBSIDIARIES
SUPPLEMENTAL FINANCIAL INFORMATION
(UNAUDITED AND AMOUNTS IN THOUSANDS, EXCEPT PER SHARE AMOUNTS)
CALCULATION OF ADJUSTED DILUTED EARNINGS PER SHARE
For the Three Months For the Twelve Months
Ended December 31, Ended December 31,
----------------------- ----------------------
2010 2009 2010 2009
----------- ----------- ----------- ----------
Net income $ 43,705 $ 42,491 $ 157,193 $ 154,954
Special Items:
Reversal of reserve for
uncertain tax positions
and other additional
income tax credits - - - (6,974)
Goodwill impairment for
discontinued operations - - 1,684 -
Expenses associated with
debt refinancing
transactions - - - 3,838
Income tax benefit for
special items - - - (1,465)
----------- ----------- ----------- ----------
Adjusted net income $ 43,705 $ 42,491 $ 158,877 $ 150,353
=========== =========== =========== ==========
Weighted average common
shares outstanding - basic 109,641 115,188 112,015 116,088
Effect of dilutive
securities:
Stock options 755 1,293 769 976
Restricted stock-based
compensation 302 331 193 226
----------- ----------- ----------- ----------
Weighted average shares and
assumed conversions -
diluted 110,698 116,812 112,977 117,290
=========== =========== =========== ==========
Adjusted Diluted Earnings
Per Share $ 0.39 $ 0.36 $ 1.41 $ 1.28
=========== =========== =========== ==========
CALCULATION OF EBITDA AND ADJUSTED EBITDA
For the Three Months For the Twelve Months
Ended December 31, Ended December 31,
---------------------- ----------------------
2010 2009 2010 2009
----------- ---------- ----------- ----------
Net income $ 43,705 $ 42,491 $ 157,193 $ 154,954
Interest expense, net 18,628 17,845 71,127 72,780
Depreciation and
amortization 27,336 25,442 104,051 99,939
Income tax expense 24,644 24,002 94,297 79,541
(Income) loss from
discontinued operations,
net of taxes - (561) 404 (3,612)
----------- ---------- ----------- ----------
EBITDA 114,313 109,219 427,072 403,602
Expenses associated with
debt refinancing
transactions - - - 3,838
----------- ---------- ----------- ----------
ADJUSTED EBITDA $ 114,313 $ 109,219 $ 427,072 $ 407,440
=========== ========== =========== ==========
CALCULATION OF FUNDS FROM OPERATIONS AND ADJUSTED FUNDS FROM OPERATIONS
For the Three Months For the Twelve Months
Ended December 31, Ended December 31,
---------------------- ----------------------
2010 2009 2010 2009
----------- ---------- ----------- ----------
Net income $ 43,705 $ 42,491 $ 157,193 $ 154,954
Income tax expense 24,644 24,002 94,297 79,541
Expenses associated with
debt refinancing
transactions - - - 3,838
Income tax benefit for debt
refinancing transactions - - - (1,465)
Income taxes paid (17,183) (13,843) (61,396) (63,534)
Depreciation and
amortization 27,336 25,442 104,051 99,939
Depreciation and
amortization for
discontinued operations - 233 2,222 864
Goodwill impairment for
discontinued operations - - 1,684 -
Income tax expense
(benefit) for discontinued
operations - 321 (253) 1,723
Stock-based compensation
reflected in G&A expense 2,022 2,268 8,525 8,690
Amortization of debt costs
and other non-cash
interest 1,053 1,082 4,250 4,017
---------- ---------- ---------- ----------
Funds From Operations $ 81,577 $ 81,996 $ 310,573 $ 288,567
Maintenance and technology
capital expenditures (18,679) (18,010) (43,092) (48,866)
---------- ---------- ---------- ----------
Adjusted Funds From
Operations $ 62,898 $ 63,986 $ 267,481 $ 239,701
========== ========== ========== ==========
Funds From Operations Per
Diluted Share $ 0.74 $ 0.70 $ 2.75 $ 2.46
========== ========== ========== ==========
Adjusted Funds From
Operations Per Diluted
Share $ 0.57 $ 0.55 $ 2.37 $ 2.04
========== ========== ========== ==========
CALCULATION OF ADJUSTED FUNDS FROM OPERATIONS PER SHARE GUIDANCE
For the Year Ending
December 31, 2011
----------------------
Low End of High End of
Guidance Guidance
---------- ----------
Net income $ 151,626 $ 160,480
Income tax expense 92,932 98,359
Income taxes paid (64,808) (68,592)
Depreciation and amortization 113,226 113,226
Other non-cash items 13,000 13,500
---------- ----------
Funds From Operations $ 305,976 $ 316,973
Maintenance and technology capital expenditures (55,000) (50,000)
---------- ----------
Adjusted Funds From Operations $ 250,976 $ 266,973
========== ==========
Funds From Operations Per Diluted Share $ 2.76 $ 2.86
========== ==========
Adjusted Funds From Operations Per Diluted Share $ 2.27 $ 2.41
========== ==========
NOTE TO SUPPLEMENTAL FINANCIAL INFORMATION
Adjusted net income, adjusted diluted earnings per share, EBITDA, Adjusted
EBITDA, Funds From Operations and Adjusted Funds From Operations, and their
corresponding per share metrics are non-GAAP financial measures. The
Company believes that these measures are important operating measures that
supplement discussion and analysis of the Company's results of operations
and are used to review and assess operating performance of the Company and
its correctional facilities and their management teams. The Company
believes that it is useful to provide investors, lenders and security
analysts disclosures of its results of operations on the same basis as that
used by management.
Management and investors review both the Company's overall performance
using GAAP and non-GAAP measures including EPS, adjusted diluted EPS, net
income, Funds From Operations and Adjusted Funds From Operations, and their
corresponding per share metrics, as well as EBITDA and Adjusted EBITDA to
assess the operating performance of the Company's correctional facilities.
EBITDA, Adjusted EBITDA, Funds From Operations and Adjusted Funds From
Operations are useful as supplemental measures of the performance of the
Company's correctional facilities because they do not take into account
depreciation and amortization, or with respect to EBITDA and Adjusted
EBITDA, the impact of the Company's tax provisions and financing
strategies. Because the historical cost accounting convention used for
real estate assets requires depreciation (except on land), this accounting
presentation assumes that the value of real estate assets diminishes at a
level rate over time. Because of the unique structure, design and use of
the Company's correctional facilities, management believes that assessing
performance of the Company's correctional facilities without the impact of
depreciation or amortization is useful. The calculation of Adjusted Funds
From Operations substitutes capital expenditures incurred to maintain the
functionality and condition of the Company's correctional facilities in
lieu of a provision for depreciation. Some of these capital expenditures
contain a discretionary element with respect to when they are incurred,
while others may be more urgent. Therefore, maintenance capital
expenditures may fluctuate from quarter to quarter, depending on the nature
of the expenditures required, seasonal factors such as weather, and
budgetary conditions. The calculation of Funds From Operations and
Adjusted Funds From Operations also reflect the amount of income taxes
paid. We continuously evaluate tax planning strategies to reduce the
effective tax rate for financial reporting purposes as well as strategies
to reduce the amount of taxes we pay. As a result, the amount of taxes we
pay may fluctuate from period to period depending on the effectiveness of
our strategies. The amount of taxes we pay may also result from many
factors beyond our control, such as changes in tax law. Finally, income
taxes paid fluctuate significantly from quarter to quarter based on
statutory methods of computing inter-period payment requirements and the
date such taxes are due.
The Company may make adjustments to GAAP net income, EBITDA, Adjusted
EBITDA, Funds From Operations and Adjusted Funds From Operations from time
to time for certain other income and expenses that it considers
non-recurring, infrequent or unusual, even though such items may require
cash settlement, because such items do not reflect a necessary component of
the ongoing operations of the Company. Other companies may calculate
Adjusted net income, EBITDA, Adjusted EBITDA, Funds From Operations and
Adjusted Funds From Operations differently than the Company does, or adjust
for other items, and therefore comparability may be limited. Adjusted net
income, EBITDA, Adjusted EBITDA, Funds From Operations and Adjusted Funds
From Operations, and their corresponding per share measures are not
measures of performance under GAAP, and should not be considered as an
alternative to cash flows from operating activities, a measure of liquidity
or an alternative to net income as indicators of the Company's operating
performance or any other measure of performance derived in accordance with
GAAP. This data should be read in conjunction with the Company's
consolidated financial statements and related notes included in its filings
with the Securities and Exchange Commission.
Contact Information: Contact: Investors and Analysts: Karin Demler CCA (615) 263-3005 Financial Media: Dave Gutierrez Dresner Corporate Services (312) 780-7204